Attachment 3: Engineering Evaluation Property Analysis — San Marcos City Council, April 9, 2024

ENGINEERING EVALUATION: PROPERTY ANALYSIS
TO: Helen Holmes Peak, City Attorney
FROM: Stephanie Kellar, Deputy City Engineer
DATE: 03/30/2024
This memo provides background on surrounding development and assesses site access opportunities for the property referred to as 0 Shubin Lane in the Ci ty of San Marcos, San Diego County Assessor Parcel Number (APN) 221-100-09-00 (Property) (Attachment 1: Assessor’s Parcel Sheet 221-10).

Ownership. The Property is a portion of Lot 18 in Block 63 of Subdivision of Rancho Los Vallecitos de San Marcos, Map No. 806, in the City of San Marcos, Cou nty of San Diego, State of California. City recor ds reflect the property owner as “A C One Land Trust 0 3-14-21” and “A C Two Land Trust 03-14-21”, each with a fractional interest of 50%.

Site Characteristics. The Property is a rectangular parcel of unimproved land approximately one acre in size. The land slopes towards the east, with an elevation differential on the order of 26 vertical feet from the northwesterly to the southeasterly property corner ( Figure 1: Existing Topography) .

Figure 1: Existing Topography in the Vicinity of APN 221-100-09-00

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Zoning. The Property is designated as SPA (Specific Plan Area) in the General Plan and Zoning Code. The site is subject to the Heart of the City Specific Plan and the University District Specific Plan. The UDSP is a primary document guiding the land use and development of the Property and the surrounding area. The UDSP encompasses the area generally between State Route 78 to the north, Discovery Street/E. Barham Drive to the south, Industrial Street to the east, and S. Bent St. to the west . The UDSP aims to create an active “university village” with a Commercial/Retai l Core, Student Housing Village, Office/Commercial District, Residential area, and Mixed-Use Center. The districts in the immediate vicinity of the Prop erty include Residential to the north and west and Mixed Use to the east; Residential and Mixed Use each apply to portions of the Property.

Surrounding Development. North City West Tentative Subdivision Map TSM 19- 0002 was approved by Planning Commission on February 22, 2023 and proposes to develop 73 acres to the west of the Property.

Development further west includes the entitled map for the Discovery Village North (Fenton/Scripps) project and also the Discovery Village South development, which is currently under construction (Figure 2: Surrounding Development) . Collectively, these three developments will construct up to 650 residential units. The plan allows for the construction of up to 1,460 residential units, a public park, and a potential elementary school west of Twin Oaks Valley Road. N o applications have been received to date for the residential area to the northeast, between the Prop erty and Twin Oaks Valley Road, nor for the mixed- use sites to the east fronting Twin Oaks Valley Road. A significant portion of North City West is currently being rough graded under a mass grading permit (GP19-00008), consistent with the approved UDSP.

Figure 2: Property Location Relative to Surrounding Development Discovery
Village
North
Discovery
Village
South
North City West
TSM 19-0002

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UDSP Transportation Network. The UDSP strives to “Develop a safe, convenient, and un-congested circulation system” and to “Develop and manage a street and highway system wh ich accommodates future growth while maintaining acceptable levels of service” . The UDSP-proposed public street network is shown in Attachment 6.

West of Twin Oaks Valley Road, Discovery Street and North City Drive are proposed as the key streets to convey vehicles, bicycles, and pedestrians in the east-west direction. Ultimate construction of Discovery Street is nearing completion. North City Drive has been constructed on the east side and is proposed to be extended west of Twin Oaks Valley Road.

Proposed Street A will connect at Discovery Street, aligning with the driveway to the Campus Marketplace on the south side of Discovery Street. Street A will terminate with a roundabout at North City Drive. To the immediate west of Street A as it approaches Discovery Street is future Knoll Park. The UDSP provides for the protection of this local geologic feature w hich “will be preserved as an iconic natural granite formation, the knoll, rising nearly 70 feet above the adjacent streets…” A pedestrian bridge over Twin Oaks Valley Road could provide additional connectivity between the homes and park on the west side to the restaurants, living spaces, and university on the east side of the st reet.

The bridge could connect to a landscaped plaza and a diagonal paseo conveying pedestrians from the bridge to the Street A/North City Drive roundabout, as shown in Figure 3 below and also in Attachment 3 .

The UDSP states that “Paseos are linear, pedestrian-only circulation zones that provide opportunities for small scale urban plazas and gathering spaces.” Th ey are envisioned as being areas designed at a pedestrian scale, with trees and plantings, lightin g, public art, benches, and café seating. Therefor e, vehicular traffic is not permitted on a paseo.

Figure 3: Paseo Illustrative, Adapted from UDSP Figure IV.A.

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Improvements Shown on the Property in the UDSP. Each iteration of the UDSP, from the original 2009 document to the 2014 and 2022 amendments, has depicted public improvements on the Property. The general location of the Property is shown on conceptual exhibits depicting the 2009, 2014, and 2022 improvements proposed by the UDSP in Attachment 9.

In the current UDSP as amended, improvements proposed on the property include the North City Drive/Street A roundabout and a portion of Street A. In addition, slopes would be constructed within the public right-of-way to transition from the proposed public street grades to adjacent private property grades, which would further impact the Property under the street alignments shown in the UDSP. A triangular sight distance area would need to be kept clear of improvements and obscuring slopes at all quadrants of the roundabout intersection to ensure line of sight appropriate for the design speed of the vehicles. A water quality basin for treatment of public stormwater (UDSP Conceptual Grading Plan in Figure 4 and Attachment 4 ) and a portion of the pedestrian paseo from Twin Oaks Valley Road as shown in Attachment 3 are depicted on the Property.

The UDSP provides that, “ … minor adjustments to streets, blocks, public spac es, and zones may result without amendment to the Specific Plan. However, the final street locations, layouts, and elevations should generally comply with the Regulating Plans and Conceptual Grading Plan. ” Few adjustments can be made to the location of North City Drive in the vicinity of the Property, as the street must necessarily align with the existing segment of North City Drive east of Twin Oaks Valley Road. Similarly, Street A must connect to Discovery Street to align with the entry into th e Campus Marketplace, avoid impacting Knoll Park to the west, and connect at its northerly end with a roundabout at North City Drive.

Figure 4: Conceptual Grading Plan (West of Twin Oaks Valley Road), UDSP Figure VI.D1

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Current Property Access. The Property does not front to an existing public street. Twin Oaks Valley Road, an 8-lane prime arterial, is approximately 900 feet to the east. Discovery Street, a four-lane arteri al, is roughly 850 feet to the south.

Access to the Property is provided via a private road easement known as Shubin Lane, a dirt road. Figure 5 is an excerpt from North City West Tentative Subdivision Map (TSM) 19-0002 depicting the Shubin Lane access easement. Attachment 2 presents Record of Survey 22214 depicting the Property and the Shubin Lane access. Attachment 6 depicts the Property and access easement in the larger context of the UDSP.

Attachment 8, Preliminary Title Report, describes the Shubin Lane access as Parcels 2 and 3.

Figure 5: Shubin Lane Access Easement, Adapted from TSM 19-0002

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Property Access Alternatives. Because the Property has no public street frontage, this memo discusses alternatives for achieving site access.

Driveway to North City Drive or Street A. A roundabout is proposed at the intersection of North City Drive and Street A. Access must be managed in the vicini ty of the roundabout to provide for the safety of a ll users. The primary goal is to ensure safe and eff icient traffic flow while minimizing potential conf licts between vehicles entering and exiting the driveway and those vehicles proceeding to, through, and from the roundabout. To achieve this design objective, any driveway access contemplated in the vicinity of a typical roundabout would need to satisfy several mi nimum design criteria as discussed in the Californi a Highway Design Manual (CA HDM 400-54 ). In addition, more stringent design criteria contained in the CA HDM and in the City’s Urban Streets Design Criteria would govern in the case of the Street A roundabout, as discussed below.

Site-specific factors must be considered in the pla cement of a driveway in the vicinity of a roundabou t, including the geometry of the roundabout, the need for adequate sight distance both on the roadway and for vehicles exiting the driveway, and traffic volu mes. In this case, the traffic volume at the Street A roundabout is expected to be approximately 450 trips during the PM peak. The dominant movement is westbound North City Drive to southbound Street A. Due to these significant traffic volumes, no driveway access can be safely permitted within 50 feet of the curb returns for the roundabout intersection because of the potential for significant queuing and delays inside the roundabout, as well as the potential fo r conflicts between vehicles exiting the roundabout and those using the driveway.

Attachment 5, CA HDM 405.10A depicts the boundary of a roundabout intersection. For Street A (design speed less than 45 miles per hour), the roundabout curb returns must narrow the approach and egress legs for a distance of at least 100 feet from the i nscribed roundabout diameter ( Attachment 5 ). This constriction prevents parking and other conflict points within the boundary of the intersection. The City’s Urban Street Design Criteria (Attachment 7 ) further requires that the near edge of a driveway access be located at least 50 feet from the end of the curb r eturns. Therefore, any driveway must be located a minimum of 150 feet from the inscribed diameter of the roundabout: the curb returns will extend a minimum of 100 feet from the inscribed diameter, and the driveway must be located at least 50 feet from the end of the curb return.

Although the specific geometry of the North City Dr ive/Street A intersection is currently unknown, any feasible location of the roundabout complying with the Regulating Plan and Conceptual Grading Plan will preclude access from North City Drive and from Street A to the Property.

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Shubin Lane Access. Current Property access is from Shubin Lane; the Property is outlined in blue and the access easement shown in orange below. However, th e construction of North City Drive will sever the connection between Shubin Lane and Twin Oaks Valley Road. No acceptable alternative for the alignment of North City Drive at Twin Oaks Valley Road exists ; the street must be constructed along its currentl y proposed alignment in order to provide a proper continuation of North City Drive spanning the east and west sides of Twin Oaks Valley Road, as shown in Figure 6 and at larger scale in Attachment 6. This alignment necessarily conflicts with the Shubin Lane access easement.

The connection between Shubin Lane and the Property will be severed on the west by the construction of Street A. An intersection constructed at Shubin Lane/Street A would be unable to meet City Urban Streets Design Criteria requiring a minimum separation of 200 feet from the roundabout point of curb return.

Further, the connection of Shubin Lane to the Property will be severed by a pedestrian paseo extending between Twin Oaks Valley Road and the roundabout, as shown in the Paseo Illustrative in Attachment 3.

Conclusion . Since its 2009 inception, the University Distric t Specific Plan has consistently depicted improvements on the Property. Acquisition of the P roperty remains necessary for the proposed public improvements. Though minor adjustments to the stre ets as shown in the UDSP may be made, street locations and alignments must still comply with the Regulating Plan and the Conceptual Grading Plan.

Construction of the public improvements in the UDSP will ultimately render the Property inaccessible.

The Property currently has no public street frontag e. Access cannot safely be provided from proposed Street A or North City Drive due to proximity to the roundabout intersection. Access cannot be maintained from the current Shubin Lane private driveway because its connection to the Property will be severed on the west end and its connection to Twin Oaks Valley Road will be severed on the east.

Attachment 1: Assessor’s Parcel Sheet 221-10
Attachment 2: Record of Survey 22214
Attachment 3: Paseo Illustrative, Adapted from UDSP Figure IV.A. Parks, Plazas, and Open Space Attachment 4: Conceptual Grading Plan (West of Twin Oaks Valley Road), UDSP Figure VI.D1 Attachment 5: CA Highway Design Manual Figure 405.10A, R oundabout Geometric Elements Attachment 6: Street Network, Adapted from Universit y District Specific Plan Figure I.E.

Attachment 7: Urban Streets Design Criteria
Attachment 8: Preliminary Title Report, Chicago Titl e 00173303-993-SD2-CFU, March 14, 2022 Attachment 9: APN 221-100-09-00 Property Overlays on 2009, 201 4, and 2022 University District Specific Plan Figure 6: Street Network, Adapted from University District Specific Plan Figure I.E.

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Above: Assessor’s Parcel Number 221-100-09-00 (blue) and appurtenant access easement (Shubin Lane, shown in green) from Twin Oaks Valley Road
Attachment 1: Assessor’s Parcel Sheet 22-10
ATTACHMENT 1
Assessor's Parcel Sheet 221-10

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ATTACHMENT 2
Record of Survey 22214

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University District | San Marcos Open Space | Conservation: IV-3 Actual locations, sizes, and designs will be determ ined through Site Development Plan review and approval.

Note: Actual open space areas, locations, and linkages to be designed when building footprints are finalized through the Site Development Plan process.

Common usable open space amenities described herein shall be required of residential developments west of Twin Oaks Valley Road at the time of project specified design and Site Development Plans.

Should the San Marcos School District decide an elementary school is not needed, the eastern half of that site would be offered to the City of San Marcos for purchase as an opportunity to expand Knoll Park.

Figure IV.A: Parks, Plazas, and Open Space Illustrative Twin Oaks Valley Road
Discovery Street
Street 'A'
North City Drive
Approximate Property
Location
Approximate Location of
Shubin Lane
Twin Oaks Plaza
West & Paseos
Pedestrian Bridge
ATTACHMENT 3
Adapted from UDSP Figure IV.A: Parks, Plazas, and Open Space Illustrative

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Form-Based Code : VI-10
University District | San Marcos

Figure VI.D1 Conceptual Grading Plan (West of Twin O aks Valley Road)

ATTACHMENT 4
Conceptual Grading Plan (West of Twin Oaks Valley Road), UDSP Figure VI.D1

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Attachment 4: CA MUTCD Figure 405.10A
ATTACHMENT 5
CA MUTCD Figure 405.10A

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Introduction: I-10
University District | San Marcos

Figure I.E. Parcel Ownership Conceptual Plan Overlay
Twin Oaks Valley Road
Discovery Street
Street 'A'
North City Drive
ATTACHMENT 6
Street Network, Adapted from Figure I.E. Parcel Ownership Conceptual Plan Overlay Approximate Property
Location
Approximate Location of
Shubin Lane
Property
Location

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CITY OF

SAN MARCOS

ENGINEERING DIVISION

URBAN STREET DESIGN CRITERIA

1 Civic Center Dr., San Marcos, CA 92069-2918 (760) 744-1050 FAX (760) 591-4135

AN APPLICANT’S GUIDE
TO PROCEDURES FOR:

FOOTNOTES

1. Design speed for Prime Arterials may be reduced to 50 mph in urban areas at the discretion of the City Engineer.

2. Right-of-way and curb-to-curb distance may be increased to provide for special roadway geometrics at major intersections.

3. Special cross-sections exist for the following street locations:

PAVED WIDTH
Twin Oaks Valley Road - Barham Drive to Hwy 78 ...............................................130 feet Twin Oaks Valley Road - 660' n/o Borden Rd. to Deer Springs** ........................... 94 feet Deer Springs Road - Twin Oaks Valley Road to I-15** ........................................... 94 feet Rancho Santa Fe Road - 1320' s/o San Elijo Rd to Melrose .................................130 feet

**30' wide median curb island

RIGHT-OF-WAY WIDTH
Twin Oaks Valley Road - Barham Drive to Hwy 78 ...............................................150 feet Twin Oaks Valley Road - 660' n/o Borden to Deer Springs ...................................154 feet Deer Springs Road - Twin Oaks Valley Road to I-15 ............................................154 feet Rancho Santa Fe Road - 1320' s/o San Elijo Rd to Melrose .................................150 feet

4. Actual structural sections to be determined by geotechnical engineer's testing of the sub-grade and recommendations.

5. The AASHTO "comfort curve" for sag curve conditions, L = AV2/46.5, is an acceptable alternative if adequate supplemental street illumination is provided.

6. Super elevation and upgraded roadway drainage may be used to reduce these minimums.

7. A 0.04 (4%) maximum is to be exceeded only with the permission of the City Engineer. An absolute maximum of 0.06 (6%) should never be exceeded in urban areas or on routes with significant truck traffic in the traffic stream. Super elevation is not recommended on industrial, residential, cul-de-sac or hillside streets.

ATTACHMENT 7
Urban Streets Design Criteria

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Urban Street Design Criteria

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8. Used when approaching major signalized intersections (existing or planned), or terminus of street. Distance is measured from the P.C.R. May be reduced only with permission of the City Engineer.

9. May be increased up to 2% for short distances in mountainous terrain only with permission of the City Engineer. The maximum grade through an intersection shall not exceed 6%.

10. At the intersection of two dissimilarly classified streets, the luminaries requirements for the higher classified street shall be used. At signalized intersections, lighting shall be designed to provide an illumination level of

0.6 foot-candle at the intersection of the street centerlines. All street lights shall be Low Pressure Sodium Vapor (LPSV).

11. At the intersection of two dissimilarly classified streets, the larger of the two radii shall be used. All radii are measured at curb face.

12. Maximum driveway width is thirty feet (30'). An alternate maximum driveway width of thirty-six (36') is acceptable if there is joint access between adjacent properties. New driveways in commercially and industrially zoned areas shall be the radius type per the City's Standard Drawing handout.

13. NONE if other available. 24' to 30' (36' for joint access) driveways only when absolutely necessary.

Driveway geometrics may be required to restrict turns to right turn in or right turn out on an auxiliary lane. A 20' minimum throat distance (measured from the ultimate right-of-way line) is required as part of on-site parking lot design.

14. May be restricted. New driveways in commercially and industrially zoned areas shall be the radius type per the City's Standard Drawing handout.

15. Distance is measured from P.C.R. to near side of the driveway. Approval of driveways within this separation may be contingent upon driveway geometrics that allow only right turns in or right turns out on an auxiliary lane, and/or reciprocal access agreements with the adjacent property owner(s).

16. See also "Cul-de-sac/Single Access Policy Resolution (90-3568)" handout.

Date: __________________________ Charlie Schaffer
Development Services Director

__________________________
Michael D. Edwards
City Engineer

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CITY OF SAN MARCOS URBAN STREET DESIGN CRITERIA
1 Civic Center Dr., San Marcos, CA 92069-2918 (760) 744-1050 FAX (760) 591-4135

*See attached Footnotes N/A = Not Applicable NR = Not Recommended AB = Class II Aggregate Base S:\Communications\Web Content\DVLP\Land Development\Land Development - For Sarah\Application Documents & Design Standards\Improvements\URBAN STREET DESIGN CRITERIA.docx

DESIGN CRITERIA PRIME

ARTERIAL
6-LANE
MAJOR

ARTERIAL
4-LANE
MAJOR

ARTERIAL

SECONDARY

ARTERIAL

COLLECTOR
STREET

INDUSTRIAL

STREET(S)

RESIDENTIAL
STREET

CUL-DE-SAC
STREET
ALLEY
STREET

HILLSIDE
STREET
Estimated Ultimate
Capacity ADT (LOS "E") 60,000 50,000 40,000 30,000 15,000 5,000 or 15,000 1,000 300
*(16) ---- ----
LOS "C" Capacity (ADT) 42,000 35,000 28,000 21,000 10,000 N/A or 10,000 N/A N/A N/A N/A
LOS "D" Capacity (ADT) 51,000 41,000 35,000 24,500 12,500 N/A or 12,500 N/A N/A N/A N/A
Design Speed 60 mph
*(1) 50 mph 50 mph 40 mph 30 mph 30 mph 25 mph 20 mph ---- 25 mph Curb-to-Curb Distance
*(2,3)
106'
18'Median
94'
18' Median
82'
18'Median 64' 48' 48' or 64' 40' 40' Shaft
50' Bulb 20' 40' or 48'
Right-of-Way
*(2,3) 126' 114' 102' 84' 68' 68' or 84' 60' 60' Shaft 60'R Bulb 24' 40' - 60'
Min. Traffic Index 9.0 9.0 8.5 8.0 6.0 8.0 5.0 5.0 4.0 5.0 Min. Structural Section
*(4)
5" AC
8" AB
5" AC
8" AB
5" AC
6" AB
4" AC
6" AB
3" AC
6" AB
4" AC
6" AB
3" AC
6" AB
3" AC
6" AB
3" AC
4" AB
3" AC
6" AB
Min. Horizontal Radius
*(6) 2200' 1400' 1400' 600' 300' 300' 200' 150' ---- 200' Curb Return Radius *(11) 35' 35' 35' 35' 35' 35' 25' 25' 10' 25' Maximum Grade *(9) 7% 7% 7% 10% 12% 7% 12%
(14%RPCC)
12%
(14%RPCC) ---- 15%
Minimum Grade 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5%

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CITY OF SAN MARCOS URBAN STREET DESIGN CRITERIA
1 Civic Center Dr., San Marcos, CA 92069-2918 (760) 744-1050 FAX (760) 591-4135

DESIGN CRITERIA PRIME

ARTERIAL
6-LANE
MAJOR

ARTERIAL
4-LANE
MAJOR

ARTERIAL

SECONDARY

ARTERIAL

COLLECTOR
STREET

INDUSTRIAL

STREET(S)

RESIDENTIAL
STREET

CUL-DE-SAC
STREET
ALLEY
STREET

HILLSIDE
STREET
Minimum "Recovery"
Tangent 200' 150' 150' 100' 100' 50' or 100' 50' 50' ---- ---- Max. Intersection Skew 10° 10° 10° 10° 10° 10° 10° 10° 0° 10° Vertical Curve "K" Sag
"K" Crest *(5)
120-160
190-310
90-110
110-160
90-110
110-160
60-70
60-80
40 30
40 30
30 20
20 10 ---- 30
20 Max. Super elevation *(7) 4% 4% 4% 4% 2% -2%(NR) -2%(NR) -2%(NR) ---- -2%(NR) Minimum Intersection
Tangent *(8) 100' 100' 100' 50' 50' 50' 25' 25' ---- 25' Min. Intersection
Spacing Offset "T's"
2600'
1300'
1200'
600'
1200'
600'
600'
300'
600'
300'
300'or 600'
200'or 300'
200'
200' ---- ---- 150'
Lighting *(10)
Intersection.

Non-Intersection
180W
180W
180W
135W
180W
135W
135W
90W
90W
55W
135W
90W
90W
55W
55W
55W
----
----
55W
55W
Stopping Sight Distance 525' to
650'
400' to
475'
400' to
475'
275' to
325' 200' 200' 150' 125' 325' 125'
Driveway Access *(12) None
*(13)
None
*(13)
None
*(13)
None
*(13)
OK
*(14)
OK
*(14) OK OK OK OK
Driveway/Intersection
Spacing *(15) 300' 300' 200' 200' 100' 100' 50' ---- ---- ---- Driveway to Driveway
Separation 250' 250' 250' 175' 50' 75' ** ** ** **
On-Street Parking None None None None OK
*(14)
OK
*(14) OK None None One side
Only

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Chicago Title Company
2365 Northside Drive, Suite 600, San Diego, CA 92108
Phone: (619) 521-3500 ● Fax: (619) 521-3608
CLTA Preliminary Report Form – Modified (11/17/06) Page 1 Issuing Policies of Chicago Title Insurance Company
ORDER NO.: 00173303-993-SD2-CFU
DGR
440 Stevens Avenue, Suite 100
Solana Beach, CA 92075
ATTN: Scott Noya
Email: [email protected]
REF:

Main Office Line: (619) 521-3500
Title Officer: Ken Cyr & Mark Franklin - U-50
Title Officer Phone: (619) 521-3673
Title Officer Fax: (619) 521-3608
Title Officer Email: [email protected]
PROPERTY: SHUBIN LANE, SAN MARCOS, CA

SECOND AMENDED PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One.

Copies of the policy forms should be read. They are available from the office which issued this report.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation.

Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.

Chicago Title Company
By:

Authorized Signature
ATTACHMENT 8
Preliminary Title Report

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Chicago Title Company
2365 Northside Drive, Suite 600, San Diego, CA 92108
Phone: (619) 521-3500 ● Fax: (619) 521-3608
CLTA Preliminary Report Form – Modified (11/17/06) Page 2

PRELIMINARY REPORT
EFFECTIVE DATE: March 12, 2024 at 7:30 a.m.

ORDER NO.: 00173303-993-SD2-CFU
The form of policy or policies of title insurance contemplated by this report is:

ALTA Standard Owner's Policy (6-17-06)
ALTA Extended Loan Policy (6-17-06)
ALTA Standard Loan Policy (6-17-06)

1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:

A Fee as to Parcel(s) 1
Easement(s) more fully described below as to Parcel(s) 2 and 3

2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:

Lin Sulu Pastrana, Trustee of the AC One Land Trust dated March 14, 2021 and any amendments thereto, as to an undivided 50% and Lin Sulu Pastrana, Trustee of the AC Two Land Trust dated March 14, 2021 and any amendments thereto, as to an undivided 50%, as tenants in common, subject to Item No. 8 herein

3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:

See Exhibit A attached hereto and made a part hereof.

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PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00173303-993-SD2-CFU
CLTA Preliminary Report Form – Modified (11/17/06) Page 3 EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THAT PORTION OF LOT 18 IN BLOCK 63 OF THE SUBDIVISION OF RANCHO LOS VALLECITOS DE SAN

MARCOS, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN SAID BLOCK 63; THENCE NORTH 9°20' EAST ALONG THE EASTERLY LINE OF SAID LOT 1 AND THE EASTERLY LINE OF LOT 21 IN SAID BLOCK 63 A DISTANCE OF 923.28 FEET; THENCE; SOUTH 73°38'30" WEST PARALLEL WITH THE SOUTHEASTERLY LINE OF LOTS 1, 2 AND 3 IN SAID BLOCK 63 A DISTANCE OF 916.95 FEET TO THE TRUE POINT OF BEGINNING, BEING THE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO MELVIN M. DE PUE, ET UX, RECORDED JANUARY 23, 1970 AS FILE/PAGE NO. 13014 OF OFFICIAL RECORDS; THENCE CONTINUING SOUTH 73°38'30" WEST 209.70 FEET TO THE WESTERLY LINE OF SAID LOT 18; THENCE NORTH 16°13'10" WEST ALONG SAID WESTERLY LINE 208.00 FEET; THENCE NORTH 73°38’30" EAST A DISTANCE OF 209.70 FEET TO THE NORTHWEST CORNER OF SAID DE PUE'S LAND; THENCE ALONG THE WESTERLY LINE OF SAID DE PUE'S LAND; SOUTH 16°26'20" EAST 208.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION, IF ANY, THAT LIES WITHIN A PARCEL OF LAND DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE NORTH 73°34’ EAST ALONG THE NORTHERLY LINE OF SAID LOTS 18 AND 19, A DISTANCE OF 412.78 FEET; THENCE SOUTH 9°20’ WEST 456.97 FEET; THENCE SOUTH 73°38'30" WEST 215.78 FEET MORE OR LESS TO THE WESTERLY LINE OF SAID LOT 18; THENCE NORTH 16°13'10" WEST ALONG SAID WESTERLY LINE 411.51 FEET TO THE POINT OF BEGINNING.

PARCEL 2:

AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF LOTS 18 AND 19 IN BLOCK 63 OF THE SUBDIVISION OF RANCHO LOS

VALLECITOS DE SAN MARCOS, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, LYING WITHIN A STRIP OF LAND 20.00 FEET IN WIDTH, THE SOUTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 1 IN SAID BLOCK 63; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 AND THE EASTERLY LINE OF SAID LOT 21; NORTH 09°20’ WEST 923.28 FEET; THENCE PARALLEL WITH THE SOUTHEASTERLY LINE OF LOTS 1, 2 AND 3 IN BLOCK 63; SOUTH 73° 38'30" WEST, 552.66 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE BEING A POINT ON THE EASTERLY LINE OF LOT 19 OF SAID BLOCK 63; THENCE CONTINUING SOUTH 73°38’30" WEST 364.29 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO WILLIAM F. SHUBIN, ET AL, RECORDED JANUARY 30, 1959 IN BOOK 7472, PAGE 203 OF

OFFICIAL RECORDS,
PARCEL 3:

AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 20.00 FEET WIDE LYING LOTS 20 AND 21 IN BLOCK 63 OF THE

SUBDIVISION OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF SAN MARCOS, COUNTY

Page 21 of 166 ends

PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00173303-993-SD2-CFU

EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 4 OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, THE SOUTHERLY LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN SAID BLOCK 63; THENCE NORTH 9°20' EAST ALONG THE EASTERLY LINE OF SAID LOT 1 AND LOT 21 OF SAID BLOCK A DISTANCE OF 923.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 73°38’30" WEST PARALLEL WITH THE SOUTHEASTERLY LINE OF LOTS 1, 2 AND 3 IN SAID BLOCK 63 OF DISTANCE OF 552.66 FEET, MORE OR LESS TO THE EASTERLY LINE OF LOT 19 OF SAID BLOCK 63. SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF SAID LOT 21 AND ENDS IN THE EASTERLY LINE OF LOT 19.

APN 221-100-09-00

Page 22 of 166 ends

PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00173303-993-SD2-CFU
CLTA Preliminary Report Form – Modified (11/17/06) Page 5

EXCEPTIONS

AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:

A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2024-2025.

B. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land.

District:. Future Annexation Area of Community Facilities District No. 98-01 (Police and Fire) Improvement Area No. 1 (Police only)
Disclosed By:. Assessment District Boundary Map
Recorded:. October 19, 2001 as Instrument No. 2001-0758505, of Official Records C. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land.

District:. Future Annexation Area of Community Facilities District No. 2001-01 of San Marcos Fire Protection District
Disclosed By:. Assessment District Boundary Map
Recorded:. October 19, 2001 as Instrument No. 2001-0758700, of Official Records and amended January 9, 2002 as Instrument No. 2002-0019461, of Official Records.

D. Pending assessment for the District shown below:

District: Community Facilities District No. 2011-01 Congestion Management Disclosed by: Assessment District Boundary
Recording Date: September 25, 2012
Recording No: 2012-0581010 of Official Records
Amendment to Notice of Special Tax Lien Community Facilities District No. 2011-01 pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Section 53339.8 of the Government Code
Recording Date: September 26, 2012
Recording No.: 2012-0584754 of Official Records
E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.

1. Easements for ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto over, under, along and across the easement parcel(s) herein described, as granted and/or reserved in various deeds of record
Affects:. Easement Parcels 2 & 3

Page 23 of 166 ends

PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00173303-993-SD2-CFU

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 6

2. An easement for the purpose shown below and rights incidental thereto as set forth in a document.

Granted To:. William Shubin, et al
Purpose:. water pipelines
Recorded:. December 1, 1948 in Book 3035, page 401 of Official Records Affects:. The exact location and extent of said easement is not disclosed of record

3. An easement for the purpose shown below and rights incidental thereto as set forth in a document.

Granted To:. San Diego Gas and Electric Company
Purpose:. public utilities, ingress, egress
Recorded:. October 24, 1977 as Instrument No. 77-436519 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document.

4. Intentionally omitted.

5. An easement for the purpose shown below and rights incidental thereto as set forth in a document.

Granted To:. Molokan Church, Spiritual Christian Jumper’s Purpose:. utility and pipe line
Recorded:. September 5, 1985 as Instrument No. 85-355589 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document.

6. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a record of survey Map.: Record of Survey No. 20367

7. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on
Map: Record of Survey No. 22214

8. The community interest of the spouse of Chien Hong Hsiung The Company will require that the spouse of the party shown above join in any conveyance or encumbrance before such transaction will be insured.

9. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.

10. Water rights, claims or title to water, whether or not disclosed by the public records.

11. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.

12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.

Page 24 of 166 ends

PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00173303-993-SD2-CFU

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 7 The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.

The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.

PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.

END OF EXCEPTIONS

Page 25 of 166 ends

PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00173303-993-SD2-CFU
CLTA Preliminary Report Form – Modified (11/17/06) Page 8

REQUIREMENTS SECTION

1. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached.

Name of Trust: The AC One Land One Land Trust dated March 14, 2021

2. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached.

Name of Trust: The AC Two Land Trust dated March 14, 2021

END OF REQUIREMENTS

Page 26 of 166 ends

PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00173303-993-SD2-CFU
CLTA Preliminary Report Form – Modified (11/17/06) Page 1

INFORMATIONAL NOTES SECTION

1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were:

Tax Identification No.: 221-100-09-00
Fiscal Year: 2023-2024
1st Installment: $800.23
2nd Installment: $800.23
Exemption: $0.00
Code Area: 13233

2. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued.

3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.

4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.

5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.

END OF INFORMATIONAL NOTES
Ken Cyr & Mark Franklin - U-50/rp

Page 27 of 166 ends

Wire Fraud Alert Page 1
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.

All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.

In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud.
 NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
 ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster.  USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
 USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.

For more information on wire‐fraud scams or to report an incident, please refer to the following links:

Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov

Page 28 of 166 ends

Chicago Title Company
2365 Northside Drive, Suite 600, San Diego, CA 92108
Phone: (619) 521-3500 ● Fax: (619) 521-3608
Notice of Available Discounts (Rev. 01-15-20) Last Saved: March 20, 2024 by TTF MISC0164 (DSI Rev. 03/12/20) Escrow No.: 00173303-993-SD2-CFU Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts.

You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.

Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount.

FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company SLTC – ServiceLink Title Company CTIC – Chicago Title Insurance Company Available Discounts

DISASTER LOANS (CTIC, CLTIC, FNTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.

CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.

Page 29 of 166 ends

FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 1 Order No. 00173303-993-SD2-CFU FIDELITY NATIONAL FINANCIAL, INC.

PRIVACY NOTICE
Effective August 1, 2021
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.

A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply.

Collection of Personal Information
FNF may collect the following categories of Personal Information:
 contact information (e.g., name, address, phone number, email address);  demographic information (e.g., date of birth, gender, marital status);  identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number);  financial account information (e.g. loan or bank account information); and  other personal information necessary to provide products or services to you.

We may collect Personal Information about you from:
 information we receive from you or your agent;
 information about your transactions with FNF, our affiliates, or others; and  information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.

Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device:
 Internet Protocol (IP) address and operating system;
 browser version, language, and type;
 domain name system requests; and
 browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.

Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites.

Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.

Other Online Specifics
Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.

Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.

Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser.

Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.

Use of Personal Information
FNF uses Personal Information for three main purposes:
 To provide products and services to you or in connection with a transaction involving you.  To improve our products and services.
 To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently.

When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
 to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;  to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions;

Page 30 of 166 ends

FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 2 Order No. 00173303-993-SD2-CFU  to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you;
 to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or  in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.

The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see “Choices with Your Information” to learn how to restrict that sharing.

We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.

Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.

Choices With Your Information
If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent.

Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you.

For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.

For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: [email protected].

For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes.

For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.

International Users
FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice.

FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.

Page 31 of 166 ends

FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 3 Order No. 00173303-993-SD2-CFU Your Consent To This Privacy Notice; Notice Changes
By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice.

Accessing and Correcting Information; Contact Us
If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF’s Opt Out Page or contact us by phone at (888) 714-2710 or by mail to:

Fidelity National Financial, Inc.
601 Riverside Avenue,
Jacksonville, Florida 32204
Attn: Chief Privacy Officer

Page 32 of 166 ends

Attachment One – CA (Rev. 05-06-16) Page 1
© California Land Title Association. All rights reserved.

ATTACHMENT ONE (Revised 05-06-16)

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY – 1990

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;

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Attachment One – CA (Rev. 05-06-16) Page 2
© California Land Title Association. All rights reserved.

The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
 For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount
Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 5,000.00
2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
{Except as provided in Schedule B - Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:

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Attachment One – CA (Rev. 05-06-16) Page 3
© California Land Title Association. All rights reserved.

The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.}

PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER’S POLICY (06-17-06)

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records. }

7. {Variable exceptions such as taxes, easements, CC&R’s, etc. shown here.}

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Attachment One – CA (Rev. 05-06-16) Page 4
© California Land Title Association. All rights reserved.

ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY – ASSESSMENTS PRIORITY (04-02-15)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

Page 36 of 166 ends

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Owner’s Declaration Printed: 6/27/2017 2:26 PM by TTF
MISC0220 (DSI Rev. 10/17/17) Page 2 Escrow No. : 00173303-993-SD2

OWNER'S DECLARATION
Escrow No.: 00173303-993-SD2-CFU
Property Address: Shubin Lane
San Marcos, CA
The undersigned hereby declares as follows:

1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at Shubin Lane, San Marcos, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land").
b. Declarant is the ______________________________ of ____________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Shubin Lane, San Marcos, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land").

2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever.
b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with _________________________ upon the Land in the approximate total sum of $__________, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________________________________. Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom.

3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.

4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment.

5. The Land is currently in use as _____________________; _______________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land:
___________________________________________________________________________________

6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.

7. There are no outstanding options to purchase or rights of first refusal affecting the Land.

8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land.

This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ______ at _________________________________.

Signature: ________________________________

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TRST0003 (DSI Rev. 4/5/16)

RECORDING REQUESTED BY
Chicago Title Company
WHEN RECORDED MAIL TO:
=addressee=
ORDER NO.: 00173303-993-SD2-CFU
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CERTIFICATION OF TRUST
California Probate Code Section 18100.5
The undersigned declare(s) under penalty of perjury under the laws of the State of California that the following is true and correct:

1. The Trust known as _________________________________________________________________________, executed on __________________________, is a valid and existing trust.

2. The name(s) of the settlor(s) of the Trust is (are): ___________________________________________________ __________________________________________________________________________________________

3. The name(s) of the currently acting trustee(s) is (are): _______________________________________________ __________________________________________________________________________________________

4. The trustee(s) of the Trust have the following powers (initial applicable line(s)):
______Power to acquire additional property.
______Power to sell and execute deeds.
______Power to encumber, and execute deeds of trust.
______Other: ______________________________________________________________________________

5. The Trust is (check one): _______ Revocable _______ Irrevocable The name of the person who may revoke the Trust is: _______________________________________________

6. The number of trustees who must sign documents in order to exercise the powers of the Trust is (are): ________, whose name(s) is (are): _______________________________________________________________________

7. Title to Trust assets is to be taken as follows: ______________________________________________________

8. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect.

9. I (we) am (are) all of the currently acting trustees.

10. I (we) understand that I (we) may be required to provide copies of excerpts from the original Trust documents which designate the trustees and confer the power to act in the pending transaction.

Dated: _________________________________ ___________________________________________________

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Order No.: 00173303-993-CFU
TRST0003 (Rev. 02/07/2012)
___________________________________________________
(Acknowledgement must be attached)

Page 40 of 166 ends

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF  ss:

On before me,
,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

STATE OF CALIFORNIA
COUNTY OF  ss:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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